Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1887-12-22

tho House Of Delegates
IL appears that Mr.. X. d. james. the contestan
rests his claim to scat sololy upon the legal re
suit Of tho ineligibillty Of r. w. Scott, who
although receiving majority of the votes, Is 10
eligible. md that the yOtes cast for him are vol
and should be considered nulllties and as thoug
: they mover had been cast
In support OF this view OF the case N
learned counsel for the contestant hn
referred 10 largo number 81 Eugiia
authorities going TO establish his contention
and 10 several American authorities tending y
establish the same principle. But your com
mittce ~ Of opinion that the principle applica
bic in a Government like ours, based upon tn
theory that power emanatcs from the people, i
totally az variance with the principles OF M
British Government that power originates viii
the monprch and that the privilege allowed th'
people 20 select representatives Is n concession
rather than an inherent right, and think tha
little weight should be given to the English au
thorities bearing on this question. Aud you
committee End an overwhelming weight o
authorities. both in the American textbooks ant
reported cases, sustaining the proposition that
majority, or at least plurality. OF votes cast a
any election shall DO required 10 elect persoi
to ONCE by popular vote. Mr. hcCrary Ia hi
work on elections, section 2A, says: An cleo
lion with ua Ia the deli ibera 10 choice OF majority
or plurality Of the electors. Any doctriue which
opens the way for minority rule IN any case I
antirepublican and anti-American. Tho Eng
lish rule, II adhered %, would In many case.
result In compelling very large maj0riticS Il
| submit 10 very small minorities, as an ineligible
/ person may receive and In many cases has re-
ceived. q great majority OF votes. IL Is enough
/ In such case 10 hold tho election yOid.n 1h'
| same doctrine Is held by Mr. Brightly in a not,
| 70 Commonwealth rs. Chuley fj6 Penn. Siats
Keports, 200 at page 80 in his Leading Cases OF
I ElectiOnA. The same doctrine has been adopted
| and approved in both branches Of Congress
! sec smith u9. Brown, Bartott 395, where af
able report was submitted by Mr.. Dawes, ther
] chairman OF tho Committee OF Elections Of the
House OF Representatives,; and also the case Of
! Ransom rS. Abbott, Senate election cases, l16q
/ lbSj, page 33s, whore the report maintaining the
same doctrine was adopted by a vote OF i2 TO 10
! Therefore, your committee. after iull exami-
! nation and consideration, have unanimously
reached tho conclusion that the contestant, r.
| D. James. is not entitled 10 n scat on the floor O
tho House Of Delegates, and they recommend
tho adoption Of The following resolution:
Res9ir'd, That the seat on tue floor of the
/ House OF Delegates of the member from tho
/ county Of Goo Inland be and the same is hereby
declared vacant
! Respectfully submitted.
HENRY Il. POLLARD, Chairman.
Mr.. Starke moved to pass byand print
Lost.
THE HISTORY OF Mr.. SCOTS LIFE.
Mr.. Scott said the report of the com
mittee placed him in a very delicate po-
siton. He had no wish to occupy the
seat if he had no clear title to it. He
/ thought he could show, however, that he
was a citizen of the United States and
had always been. He gave very
amusing account of his life.
"When | first left my ratiye country
(ScOtland.) said he, 81 was about fourteen
/ years old. left school for the sake
Of accompanying Dr. Livingston on thai
famous journey when he discovered Lake
Nyanza and went down the river Nile as far as
/ Cairo; lived in Egypt for two years, then IN
Syria for about two Years, then went 20 the East
Indies and China; after that went to Tangier,
Morocco. on the northwest coast OF Africa, in the
year 1854, about the ago OF twenty-one. After
acquiring knowledge Of the Arabic and Spanish
languages ] was appointed interpreter 10 the
United States consul al Tangier, Morocco. and
after a time in That service was appointed
United States yice-cOnsul at the same p0int Ny
private business was that OF a farmer, which Is
still my ayOcation. Having cattle, sheep. &C, !
WAS sometimes liable for trespass or other cases.
Those having any claims against me thought tho
remedy was thro lgh tho British Legation. |
notified the Consul and Minister Of Great Bftain
that was an Official OF the United States. claim
ing that had by treaty the same right az that Of
q citizen Of eny other country 10 have all such
questions referred to my superiOr-the Consul
General of the United states. Sir John Drum
mond Hay, Minister Of Great Britain 10 that
court, said that could not be possible; as a born
British subject was amenable 10 his jurisdic-
ton. and all cases concerning me
should come before him. claimed ]
Ddl tlf Nht Us an AUSTRIAN Hio NdH lii Aiit
British employ. aud all cases against whom
we're brought 10 the attention OF the British au-
thCrlties. He denied me that right II order to
avoid complications | would rs tho different
cases came up see the parties and pay the
damages rather than hcvc Il brought before the
British court, as / considered II lowering 10 my
personal dignity as well as 20 that Of the Stars
aud Stripes, which | had the honor % serve.
But finally case occurred In which the small
matter OF a hog was involved. There is a Jaw In
n at country which prohibits man holding
more than one hog. friend Of mine, Lord ST.
Moir, who was living ia that country, had 70
leave for tile BRITISH Parliament He had hog
aud had one. lie asked me 10 take charge OF
his hog in his absence. did 30. A few days
after he left complaint was lodgod AZ the British
Legation that kept more than ono hog. and
messenger Of tho British Consul came with a
verbal message demanding my attendance at
the Legation. ] thought the demand was
rather an impertlnent one, not even telling
me what | WAS wanted for, and | sent back a
message, with my compliments. saying tnat IL
there was anything In my power ! could do
should be plcAee1 20 DO II II he would only let
me know in black and white what was wanted.
He thcn sent me a summons requiring my at
Tendance and 20 appear ou the charge OF having
more than one hog on my premises. As this
hog was not my own ] determined TO test Sir
Johns authority over me. SO long as there was
any Just claim against me paid IT, Now, the
thing was wrong from beginning 70 end. aud
determined 10 kick and see whether the British
Government had jurisdiction over me OF not.
tore up the summons, threw 1t down on tho
street. ana told tho messcnger 70 90 Dack and
tell Sir John that should never while served
the Stars and Stripes recognize his jurisdiction
over me. lie met NE next morning AMI said:
"Arc you not coming down 70 answer thatcharge
to-day at II O'CiOck?" | said " No Sir John |
have not the slightest intention 10 come at pros
cnL" He then said: ~ an sOny for you,
Mr.. Scott. as friend Of yours. | will have to
take extreme measures against you and have
you arrested then told him he was no friend
OF mine and never hal been; that he was Of
that old-fashiOned stock. despOtic in his nature,
and wished to crJsn me. a free-Dorn man, when
| had Of my own Tree will chosen 10 serve and
become citizen Of another country; that ne
might attempt 20 arrest me, but that he should
never arrest me alive while | served the glorious
Stars and Stripes Immediately on his arrival at
his Oflce he gave orders TO his attendant TO get
his horse ready, as he was going % demand OF
the Governor a number Of soldiers 10 arrest mo.
friend of mine in the British Legation rushed
into my Office and told me that Sir John was about
making a demand on the Governor for sol
diers 10 have me arrested. ! Immediately
started for the Governor. taking along copy OF
the treaty between the United states aud
Morocco. / asked the Governor If he had read
the treaty. lie said no. / then asked him 10
read IT, He did 90. | then asked two questions:
First, whether he mad recognized me as a United
Sta,es official IN that country! He said yes.
Second. whether his master, the SULTAN OF
Morocco, had recognized me as United states
Official? He said yes. then said: You will
and aid me as United States official, as that Of
the most favored nation lie said, Yes" lie
asked me what IL was about told him that Sir
John Drummond Hay was about making
arrest me, and that he could think over
the advisability Of granting his request.
Worry shortly after left Sir John arrived and
made tho demand, and spent about two hours
arguing the case with the Governor, but the
Governor would not give in, saying he WIS afraid
Of the great country OF America, though he
know but little about II. Sir John then went 10
my superior oficef. the COnsulGeneral. aud
succeeded in rather soaring him, and got him 10
write a note 70 him saying had better 60 10 Sir
John and apologize that the hog question would
be dropped IL / would 90 and apologize; that il
was a very serious matter, and he considered
was wrong Immediately answered by q noto
saying was surprised 10 receive note from
him demanding Of his subordinate 10 appear be-
fore the British court: that considered had
by treaty the same rights as the officers OF any
other nation 20 demand the protection and aid Of
the United States and that would not go that
/ thought It was lowering not only my
own personal dignity but the dignity OF tic
United States, 10 appear before this bri-
tish officer. Seeing that they could not COM
pe me TO go, and afraid 70 arrest me. the British
Minister and the Consul General agreed 70 leave
IL 10 the Governments OF their respective coun-
tries The British Government replied, saying
that was Rmenable TO them both ciyilly and
criminally. told them Il should not be a one
sided affair. and refused TO go until We heard
from the Government Of the United States. In
due course OF time we heard from Washington
to the effect that my case had been referred 20
tho Attorney General. and while he thought /
was entitled TO the protection OF the Govern
ment he would not say decidedly until he looked
over ell the authorities on International law.
Seeing that the matter was likely 10 take some
time l immedi ately started 70 Washington In
person and had an Interview with the Secretary
Of State, the Attorney General. and the Presi-
don't. | told them Just what had told my supe-
rior I'm Morocco-that 1 would never ap-
pear before the British authorities while